[quote]NinjaTreeFrog wrote:
orion wrote:
NinjaTreeFrog wrote:
Sloth wrote:
NinjaTreeFrog wrote:
Also, in the context of the sentence, when used in conjunction with “a well regulated militia…”, it becomes less obvious that the 2nd amendment was intended to allow universal gun ownership to all citizens.
What people do you think it’s referring to? It certainly says nothing about qualifications. It just says the people have the right to KEEP and BEAR arms.
The term “the people” can be interepreted as the collective body of persons. If it had said “all persons” have the right to keep and bear arms then that would imply universal ownership. As it is written, it seems to me to refer to the right of the collective to form a WELL REGULATED militia that has the right to the instruments of war.
This does not say that every Tom, Dick, and Harry have the right to handguns. It also doesn’t mention anything about gun ownership for self defense.
It is a pre-amble:
Fish can swim, birds can fly, pancakes rule supreme, the right of the People to keep and bear arms shall not be infringed.
You might also notice that those “people” are not given that right by anyone, it already exists and it shall not be infringed by the US government.
Given the Lockean nature of the US constitution that is really the only interpretation that makes sense, what you are doing is grasping for straws.
In any legal document the exact wording, punctuation, and phrasing are important to determining the intent of statement. It cannot be dismissed as preamble. The fact that the second amendment starts with “A well regulated militia…” and lacks the specificity “person” is important to determining the intent of the statement as a whole.
I don’t pretend to be an expert on the Constitution, I’m just making the argument that the second amendment has been interpreted different ways by people of different political leanings. To be viewed a legal dogma is shortsighted. This makes the discussion about universal gun ownership open to anyone who wishes to demonstrate their position with facts. To simply assert that it’s your second amendment right and case closed only shows that you cannot defend yourself with logic and reason.[/quote]
There are myriads of studies that gun control does not lead to less gun violence, if anything there is more violence when citizens have no guns.
You seem to forget though that in the US they do not have to prove to you anything. They have the second amendment which is pretty straight forward. This is not “viewed as a legal dogma” this actually is a legal dogma.
There is very little when it comes to facts to dispute this, the US constitution has a certain history, mainly Lockes “Treatise on Government II” and preambles were quite common back then like in the Declaration of Independence.
The Lockean, more or less classical liberal tradition does not give natural “rights” to collectives like militias or the “people”, only to persons and they come together to form governments to protect these rights.
This is why the second amendment simply acknowledges the right instead of granting it.
Which does of course mean that even if governments prevent their citizens from keeping and bearing arms they still have that right.